Bundaberg court house
Photo: Zach Hogg / NewsMail
Bundaberg court house Photo: Zach Hogg / NewsMail Zach Hogg BUN110814CRT2

Defence queries officer's version of spit attack

A POLICE officer who was allegedly spat on before deploying his taser on the accused spitter has gone through a second day of cross-examination.

Giving evidence at the trial against Zane Stuart Vinton Scells, Senior Constable Ryan Gordon detailed his version of the events on Australia Day last year after he was called to a disturbance at Bundaberg's Melbourne Hotel.

Scells is accused of spitting on Snr Const Gordon after he allegedly resisted arrest and then spitting on a second officer, Constable Clayton Baker, in the back of the ambulance as he was transported to hospital.

Snr Const Gordon gave evidence that using his taser on Scells was the only option left after the accused managed to get out of his restraints in the ambulance and spit in the face of Const Baker as he opened the back doors after they arrived at the hospital.

"I saw the spit land on Clay's face," he said.

"I pulled the taser out and discharged."

Defence barrier Jacob Robson's questions to Snr Const Gordon centred on details in his statement that were not included in the job card and initial report, suggesting it was because they did not happen.

Asking Snr Const Gordon if he "actually remembered" the incident or "was just making it up", Mr Robson put it to the officer that he had changed his statement after viewing CCTV from the hospital and after reading other officers' statements.

But Snr Const Gordon remained adamant that he had a good memory of the events, blaming fatigue for a lack of details in the initial report that was written at 1am.

"The way you described it is different," Mr Robson said.

"I can see it is different," Snr Const Gordon replied.

"In hindsight I'd have included more details."

Mr Robson also put it to the senior constable that Scells was spitting because he had been sprayed with capsicum spray during a struggle with police outside the hotel and was unaware where the officers were when he spat because he was temporarily blinded.

But Snr Const Gordon strongly disagreed, saying Scells was calling Baker a "weak c---" before he spat in the direction of the officer.

The trial is being heard before a eight-man, four-woman jury and will continue before Judge Brendan Butler on Monday.


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